SUSHIL PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE order dated 9.6.2000, granting maintenance to the wife, the opposite party No. 2, is under challenge before this Court by the husband petitioner.

(2.) IT is stated by the counsel for the petitioner that even though the order has been passed on 9.6.2000 directing the petitioner, alleged husband, to pay the maintenance, the petitioner came to know about the said order only on 7.10.2004 on which date the wife (opposite party No. 2) filed an application before the trial Court to remand him in respect of maintenance case where it was alleged that maintenance amount has not been paid. Only after coming to know of the proceeding under Section 125, CrPC in which ex parte order was passed, the petitioner chose to file the revision before this Court.

(3.) THIS aspect cannot be gone into by this Court, but the fact remains that the petitioner -husband was remanded by the Court below on the application filed by the wife, when he came to the Court for surrendering in the case registered under Section 498 -A, IPC. This Court has also taken into consideration the various circumstances under which delay of four years and ten months have been caused in preferring the instant revision. So, in view of the statement made by the petitioner, it would be appropriate to give proper opportunity to the husband (petitioner), to place the materials before the Court below with reference to the above aspects.